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Late Renewal Lease Question

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Late Renewal Lease Question

Postby desperateinbrooklyn9 » Tue Nov 07, 2017 9:23 pm

What happens if the landlord fails to return a fully executed renewal lease on time? Do we have a choice between paying the RGB increase as soon as he returns the lease or 90 days after, or must we pay as soon as he returns the lease? My wife says the option to pay 90 days later only applies if the initial renewal offer was untimely. Also, do you know where we might find the current version of the RSL and Code? Please help - thanks!
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Re: Late Renewal Lease Question

Postby TenantNet » Tue Nov 07, 2017 9:38 pm

You should file a complaint with DHCR for failure to renew a lease. See http://www.nyshcr.org/Forms/Rent/ra90.pdf - and http://www.nyshcr.org/Rent/FactSheets/orafac4.pdf

You can follow the instructions on the rear of DHCR form RTP-8
http://www.nyshcr.org/Forms/Rent/rtp8.pdf

Consider that without a renewal lease, you still retain all Rent Stab rights, except the rent cannot go up. So in some ways that's good. (however, it's a problem for those who are making their initial application for SCRIE or DRIE). All things being equal, you might be better without a lease.

My LL refused to renew a lease for around 4 years and the rent didn't go up. Just keep paying the old rent.
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Re: Late Renewal Lease Question

Postby desperateinbrooklyn9 » Tue Nov 07, 2017 10:59 pm

So we're not absolutely required to file a complaint with the DHCR? Because that agency f---s up the most basic tenant complaints quite intentionally in my view. The only remedy is to sue them under a costly and time-consuming Article 78. How would filing with DHCR affect SCRIE/DRIE in this case?
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Re: Late Renewal Lease Question

Postby TenantNet » Tue Nov 07, 2017 11:36 pm

Basically you have 3 options:
- file with DHRC
- commence a case in court (I don't think you can do that in Housing Court, although you probably could raise it as a defense if the LL took you to Housing Court on a holdover)
- do nothing an pay the same rent.
I agree, DHCR is anti-tenant.

I mentioned SCRIE/DRIE as NYC Dept of Finance requires a current lease on the initial SCRIE application.
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Re: Late Renewal Lease Question

Postby desperateinbrooklyn9 » Tue Nov 07, 2017 11:46 pm

SCRIE/DRIE explains why he's withholding the lease. How do we fight back? Also, If he decides to return the lease, can we keep paying our old rent for an extra 90 days?
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Re: Late Renewal Lease Question

Postby TenantNet » Wed Nov 08, 2017 12:04 am

The SCRIE problem is a side effect of the lease withholding, but probably not the reason he's doing it. LLs don't lose money with SCRIE tenants; they get tax abatements that compensate for the frozen rent.

As I said, read the back of form RTP-8.
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Re: Late Renewal Lease Question

Postby desperateinbrooklyn9 » Sat Nov 11, 2017 11:14 pm

So the back of the RTP-8 Form doesn't say the tenant isn't required to pay the increase. I still don't understand why I should pay it since there's no contract until the LL returns the completed lease and the Rider. Can the DHCR be safely avoided? I really don't trust those skunks!
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Re: Late Renewal Lease Question

Postby TenantNet » Sun Nov 12, 2017 5:31 am

I think you're running in circles here. There can be no increase without a lease. If the LL adds an increase in his monthly bill without returning to you an executed lease, I would not pay it. You could send a letter to the LL (make it certified) asking for the lease and reminding him there can be no increase without a lease, but you don't have to do that.

Remember, in general you're better off without a lease. You still maintain all your RS rights and the rent cannot go up. If the LL takes you to court, then the defense is his lack of executing the lease.

RTP-8 describes the process, which is what you asked about.
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